从出土简牍看秦汉家庭继承制度

Look at the System of Family Inheritance of the Qin and the Han Dynasties from Bamboo Slips

秦汉的家庭继承包括爵位继承、户主继承和家庭财产继承。爵位继承主要看血缘关系的远近,是单一继承制,即在每个继承顺序上,继承爵位者只能有一人,前一顺序无人,后一顺序才能补上。户主继承分为代户继承和分户继承两类。户主身份继承,既看重血缘关系,也注重承担家庭责任的能力。在代户情况下,家庭财产不因继承而分割,整体向下传递。在分户情况下,家庭财产因继承而分割,家产的分割主要在父母与子男,以及兄弟之间进行。在各自立户情况下,家族成员还可以分割已经绝户亲属的财产,这种亲属关系主要包括祖孙三代。

During the Qin and Han Dynasties family inheritance included the inheritance of the rank of nobility, the householder inheritance and the inheritance of the family property. The inheritance of the rank of nobility mainly depended on the proximity of kinship, a single inheritance system, where each order of succes- sion, inherited the rank of nobility only one person, a sequence of unmanned, next in order to fill. The house- holder inheritance included Daihu （＇~, ~＇ ）inheritance and Fenhu （~ ~＇ ）inheritance. The householder inheri- tance depended on both blood relationship and the ability to bear family responsibility. In Daihu（ #L ~＇ ）inheri- tance the family property was not comminuted, the overall downward transferred. In Fenhu （ ~ fi＇ ）inheritance the family property was comminuted in the parents and the sons and the brothers. In their respective family, family members might also comminute one＇s property without issue, the relatives including the three generation with grandparent and the parents and grandchild.